| Article 1 (Establishment and Duties) |
| (1) | Auxiliary police companies shall be established under the jurisdiction of the commissioner of a district police agency, the head of the national police agency, or the head of the coast guard agency prescribed by Presidential Decree, in order to perform activities, such as prevention of infiltration by spies (including armed communist guerrillas), capture and extermination of spies, and counter-espionage operations, and to assist in conducting public security affairs. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13425, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner General of the Korean National Police Agency or Commissioner of the Korea Coast Guard may establish a separate auxiliary police company under his/her jurisdiction or an agency exercising overall control of auxiliary police companies, if necessary, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13425, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | Deleted. <by Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| (1) | Members of an auxiliary police company shall be comprised of auxiliary police officers appointed pursuant to Article 2-3 (hereafter referred to as "auxiliary police officers") and national police officials under the Police Officials Act. <Amended by Act No. 13425, Jul. 24, 2015> |
| (2) | The composition of auxiliary police companies and other matters necessary for the organization thereof shall be prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13425, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 2-2 (Inspections by auxiliary Police Officers) |
If deemed necessary for performing their duties, auxiliary police officers may conduct inspections in a security area. <Amended by Act No. 13425, Jul. 24, 2015>
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 2-3 (Appointment of auxiliary Police Officers and Service in Auxiliary Police Companies by Graduates of Korean National Police University) |
| (2) | A person appointed as an inspector after graduating from Korean National Police University and seconded pursuant to Article 25 (1) of the Military Service Act shall serve as a member of an auxiliary police company during the secondment period. |
[This Article Wholly Amended by Act No. 13425, Jul. 24, 2015]
| Article 2-4 (Ranks of Auxiliary Police Officers) |
| (1) | The ranks of auxiliary police officers shall be classified into private police officers, private first class police officers, police corporals, police sergeants, and special police officers. |
| (2) | The starting rank of an auxiliary police officer shall be private police officer. |
[This Article Wholly Amended by Act No. 13425, Jul. 24, 2015]
| Article 2-5 (Computation, etc. of Secondment Period for Temporarily Retired Persons, etc.) |
| (1) | None of the following periods shall be included in the secondment period for a member of an auxiliary police company seconded pursuant to Article 25 (1) of the Military Service Act: <Amended by Act No. 13425, Jul. 24, 2015> |
| 1. | Period for temporary retirement, or for dismissal from his position; |
| 2. | Period for suspension from office, or for detention in a guardhouse; |
| 3. | Period from desertion from service to the day immediately preceding the date of return to his unit or his arrest. |
| (2) | When a person temporarily retired, suspended from office, or dismissed from his position is reinstated, when the execution of detention in a guardhouse is terminated for a person subjected to such disposition, and when a person who has deserted his post returns, the Commissioner General of the Korean National Police Agency or Commissioner of the Korea Coast Guard shall notify the Minister of National Defense of the relevant person's personal information, the period of the relevant disposition, or the period of desertion from service. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Where a person dismissed from his position for having been arrested or indicted for his involvement in a crime receives a verdict of discharge without conviction or acquittal, the period of dismissal from his position shall be included in the secondment period, notwithstanding paragraph (1). |
[This Article Newly Inserted by Act No. 10749, May 30, 2011]
| Article 3 (Recommendation of Persons Eligible for Secondment) |
| (1) | Deleted. <by Act No. 13425, Jul. 24, 2015> |
| (2) | Persons to be appointed as auxiliary police officers who will be eligible for secondment pursuant to Article 25 (1) of the Military Service Act shall be recommended by the Commissioner General of the Korean National Police Agency or Commissioner of the Korea Coast Guard to the Minister of National Defense, from among persons of at least 18 years (excluding persons to be drafted into active duty service), as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13425, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| (3) | The Commissioner General of the Korean National Police Agency shall recommend prospective graduates of Korean National Police University, who are to serve as members of auxiliary police companies (limited to persons to be enlisted for active duty service following the draft physical examination under Article 11 of the Military Service Act, and to persons to be called to social work personnel service under Article 2 (1) 10 of the Military Service Act), to the Minister of National Defense, as prescribed by Presidential Decree. <Amended by Act No. 13425, Jul. 24, 2015; Act No. 14183, May 29, 2016> |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 4 (Application Mutatis Mutandis of and Special Cases concerning Police Officials Act, etc.) |
| (1) | The Police Officials Act and the State Public Officials Act applicable to national police officials shall apply to auxiliary police officers, with the exception of Articles 10, 16, 21, 22, and 24 of the Police Officials Act and Articles 46, 68, 71 through 73, 73-2, and 77 of the State Public Officials Act applicable to national police officials. <Amended by Act No. 13425, Jul. 24, 2015> |
| (2) | Matters necessary for remuneration, service, retirement, dismissal from office, and temporary retirement of auxiliary police officers, and dismissal from their positions shall be prescribed by Presidential Decree. <Amended by Act No. 13425, Jul. 24, 2015> |
| (3) | Special cases may be prescribed by Presidential Decree with regard to service and promotion of national police officials, from among members of auxiliary police companies. <Amended by Act No. 13425, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 5 (Disciplinary Actions) |
| (1) | Disciplinary actions against auxiliary police officers shall include demotion, suspension from office, detention in a guardhouse, restrictions on vacation, and probation, and the details of the disciplinary actions shall be as follows: |
| 1. | Demotion: Lowering, by one rank, the relevant person's rank at the time of disciplinary action; |
| 2. | Suspension from office: Having the relevant person reflect on his misdeed at a specified place, while retaining his status as an auxiliary police officer but not performing his duty, for a period of one to three months; |
| 3. | Detention in a guardhouse: Confining the relevant person in an auxiliary police company, warship, or other detention place for a period not exceeding 15 days; |
| 4. | Restrictions on vacation: Restricting the number of vacation days by a period not exceeding five days: Provided, That the total number of days subject to restrictions during the period of service shall not exceed 15 days; |
| 5. | Probation: Having the relevant person reflect on his misdeed while undergoing training or eduction instead of engaging in ordinary service, for a period not exceeding 15 days. |
| (2) | A disposition of detention in a guardhouse shall be taken, only when it is impracticable to accomplish the purpose of disciplinary action by restrictions on vacation or by probation, and when physical detention is necessary to maintain service regulations. |
[This Article Wholly Amended by Act No. 13425, Jul. 24, 2015]
| (1) | An appeal filed by a person who objects to a disposition of disciplinary action referred to in Article 5 shall be reviewed by a disciplinary committee for police officials established under an agency having jurisdiction over the auxiliary police company, of which the person is a member. <Amended by Act No. 13425, Jul. 24, 2015> |
| (2) | Even where an appeal for review has been filed under paragraph (1), the relevant disposition of a disciplinary action shall be complied with until a decision is made thereon: Provided, That where an appeals review is requested in relation to detention in a guardhouse, the execution of such disposition shall be suspended until a decision is made thereon. <Amended by Act No. 13425, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 7 (Death Benefits, etc.) |
Where an auxiliary police officer retires after having been injured or killed (including deaths from injury) in action or in the line of duty, benefits prescribed by Presidential Decree, similar to those paid to soldiers, shall be paid to the relevant person. <Amended by Act No. 13425, Jul. 24, 2015>
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 8 (Compensation and Medical Treatment) |
| (2) | A member of an auxiliary police company who has been wounded or contracted a disease in action or in the line of duty may receive gratuitous medical treatment at a medical facility of the State or a local government, as prescribed by Presidential Decree. <Amended by Act No. 13425, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 9 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for at least one year but not more than ten years: Provided, That any of the following persons shall be punished by imprisonment with labor for a limited term of at least five years, if he/she has been mobilized to an operation in wartime, during a disturbance, or due to a discovery of a spy: |
| 1. | A person who deserts his post with intent to evade service; |
| 2. | A person who deserts his post and does not return thereto within a reasonable period without good cause. |
| (2) | A person who, without good cause, fails to attack an enemy for whom he has a duty to attack, or who evades a peril for which he has a duty to face, shall be punished by imprisonment with labor for an indefinite term or for at least one year. |
| (3) | A person who deserts a guard post without good cause shall be punished by imprisonment with labor for not more than two years: Provided, That a person who commits any offense referred to in the main body shall be punished by imprisonment with labor for at least one year, if he/she has been mobilized to an operation in wartime, during a disturbance, or due to a discovery of a spy. |
| (4) | A person who neglects his duty without good cause, in violation of the service rules, shall be punished by imprisonment with labor for not more than one year: Provided, That a person who commits any offense referred to in the main body shall be punished by imprisonment with labor for not more than five years, if he/she has been mobilized to an operation in wartime, during a disturbance, or due to a discovery of a spy. |
| (5) | A person who inflicts an injury on his own body with intent to evade service shall be punished by imprisonment with labor for not more than three years: Provided, That a person who commits any offense referred to in the main body in the face of an enemy shall be punished by capital punishment, imprisonment with labor for an indefinite term, or imprisonment with labor for at least five years. |
| (6) | A person who feigns illness or uses another ploy with intent to evade service shall be punished by imprisonment with labor for not more than one year: Provided, That a person who commits any offense referred to in the main body in the face of an enemy shall be punished by imprisonment with labor for not more than ten years. |
| (7) | A person who gives a false notice, or makes a false report in relation to his duty shall be punished by imprisonment with labor for not more than one year: Provided, That a person who commits any offense referred to in the main body shall be punished by imprisonment with labor for not more than seven years, if he/she has been mobilized to an operation in wartime, during a disturbance, or due to a discovery of a spy. |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 10 (Penalty Provisions) |
| (1) | A person who resists or disobeys a legitimate order of his superior shall be punished by imprisonment with labor for not more than two years: Provided, That a person who commits any offense referred to in the main body shall be punished by imprisonment with labor for at least one year but not more than seven years, if he/she has been mobilized to an operation in wartime, during a disturbance, or due to a discovery of a spy. |
| (2) | Persons who commit any offense referred to in paragraph (1) in a group shall be punished as follows: |
| 1. | Where they have been mobilized to an operation in wartime, during a disturbance, or due to a discovery of a spy: The ringleader or prime mover shall be punished by imprisonment with labor for an indefinite term or for at least seven years, and the other persons, by imprisonment with labor for a limited term of at least one year; |
| 2. | In peacetime: The ringleader or prime mover shall be punished by imprisonment with labor for a limited term of at least three years, and the other persons, by imprisonment with labor for not more than seven years. |
| (3) | A person who commits violence against, or intimidates, his superior shall be punished by imprisonment with labor for not more than five years: Provided, That a person who commits any offense referred to in the main body in the face of an enemy shall be punished by imprisonment with labor for at least one year but not more than ten years. |
| (4) | A person who insults or defames his superior shall be punished as follows: |
| 1. | A person who insults his superior in a face-to-face encounter: Punished by imprisonment with or without labor for not more than two years; |
| 2. | A person who insults his superior by publishing a document, picture, or image, or by speaking publicly, or by openly expressing otherwise: Punished by imprisonment with or without labor for not more than three years; |
| 3. | A person who defames his superior by openly stating a fact: Punished by imprisonment with or without labor for not more than two years; |
| 4. | A person who defames his superior by openly stating false information: Punished by imprisonment with or without labor for not more than five years. |
| (5) | A person responsible for retaining custody of weapons or equipment for operations but has misplaced any of them, shall be punished by imprisonment with or without labor for not more than five years. |
| (6) | A person who divulges any operational secret shall be punished by imprisonment with or without labor for not more than ten years. |
| (7) | A person who plunders residents in an operation area of their property, by abusing authority or exploiting the fear of war, shall be punished by imprisonment with labor for an indefinite term or for at least three years. |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 11 (Persons, etc. subject to Application of Penalty Provisions) |
| (1) | Articles 9 and 10 shall apply to auxiliary police officers. <Amended by Act No. 13425, Jul. 24, 2015> |
| (2) | A public prosecution may be instituted against an offense referred to in Articles 9 and 10, only when a commander files a complaint. |
| (3) | Matters necessary for the scope of commanders and complaints referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10749, May 30, 2011]
| Article 12 Deleted. <by Act No. 10749, May 30, 2011> |
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2806, Dec. 31, 1975>
This Act shall enter into force on the date of its promulgation: Provided, That Articles 9 through 11 shall enter into force thirty days after the date of its promulgation.
ADDENDUM <Act No. 3288, Dec. 22, 1980>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3486, Dec. 31, 1981>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3629, Dec. 31, 1982>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Riot police constables appointed under the former provisons as at the time this Act enters into force shall be deemed appointed under this Act. |
ADDENDA <Act No. 3696, Dec. 31, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDA <Act No. 4157, Dec. 30, 1989>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1990.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force sixty days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4685, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994. (Proviso Omitted.)
Articles 2 through 17 Omitted.
Article 18 (Transitional Measures following Amendments to other Acts)
| (1) | Notwithstanding the amended provisions of Article 3 (3) of the Establishment of Riot Police Units Act, the former provisions shall apply to persons subject to defense conscription until December 31, 1994. |
Article 19 Omitted.
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the date Presidential Decree relating to the organization of the Ministry of Oceans and Fisheries and the Korea Coast Guard enters into force pursuant to the amended provisions of Article 41, within 30 days after the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5757, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) 6, 9, 10, 11 (1), and 69 shall enter into force on July 1, 1999. Articles 2 through 8 Omitted.
ADDENDA <Act No. 6502, Aug. 14, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDUM <Act No. 10749, May 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That amendments to Acts already promulgated but are yet to enter into force before this Act enters into force, from among Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the dates the respective relevant Acts enter into force.
Article 2 through 7 Omitted.
ADDENDA <Act No. 13425, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Disciplinary Actions)
The amended provisions of Article 5 shall also apply where a request for a resolution on disciplinary action is pending as at the time this Act enters into force. Article 3 (Applicability to Suspension of Execution of Detention in Guardhouse)
The amended provisions of the proviso to Article 6 (2) shall also apply where a request for appeals is pending as at the time this Act enters into force. Article 4 (Transitional Measures concerning Riot Police Constables, etc. )
A riot police constable seconded pursuant to the former provisions as at the time this Act enters into force shall be deemed an auxiliary police officer under this Act; and a member of a riot police unit, a member of an auxiliary police company under this Act.
Article 5 Omitted.
Article 6 (Relationships with other Acts)
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amended parts of Acts amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of the respective Acts. |
Articles 2 through 6 Omitted.